Is it true that the employer must agree to obtain the employee's response about whether or not they will contest nonconfirmation?

The correct understanding here is that the employer is required to inform the employee about the nonconfirmation result and must give them the opportunity to contest it. This means that when an employee receives a nonconfirmation notice from E-Verify, the employer must ensure they provide the employee with a chance to resolve the discrepancy or dispute the findings.

This procedure is part of ensuring that the employee is aware of the situation and has a fair opportunity to address any errors or issues that may have led to the nonconfirmation. It emphasizes the importance of due process in employment verification, allowing employees a way to clear up potential misunderstandings that could affect their employment status. Thus, it is indeed true that the employer must agree to obtain the employee’s response regarding contesting a nonconfirmation result.